| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 105 |
| Determination date | 29 May 2012 |
| Member | M B Loftus |
| Representation | G Burness ; B Kay |
| Location | Christchurch |
| Parties | Gomez v Sub 5 Private Security Ltd |
| Summary | UNJUSTIFIED DISMISSAL - Dismissal - Applicant claimed unjustifiably dismissed by respondent - Authority found respondent did not act as fair and reasonable employer accepting applicant's resignation without allowing for cooling down period - Found applicant dismissed - Dismissal unjustified - 20 per cent contributory conduct - $1,600 compensation appropriate - $2,081 reimbursement of lost wages - Team Leader (Mobile Patrols) |
| Abstract | Applicant employed by respondent as Team Leader. Applicant claimed unjustifiably dismissed by respondent. Complaint made to respondent regarding applicant's conduct and respondent requested meeting. Applicant claimed admitted acting inappropriately and apologised. Respondent arranged meeting for next day. Applicant claimed more time needed to obtain support person and sent email to respondent advising would not be attending due to insufficient notice and requested all issues put in writing. The following day applicant approached by respondent's operations manager (E") who requested applicant attend meeting with respondent's director "K". Applicant claimed E informed applicant meeting was going ahead and was to attend or give two weeks’ notice. Respondent's OM denied threat but admitted forthright. Respondent found applicant uncooperative and unwilling to participate. Applicant claimed K swore and dismissed applicant. Respondent claimed applicant resigned.;AUTHORITY FOUND -;UNJUSTIFIED DISMISSAL - Applicant resigned but respondent did not act as fair and reasonable employer by accepting resignation in heated circumstances without allowing for cooling down period. Applicant dismissed. Respondent's actions amounted to dismissal. Dismissal unjustified. REMEDIES: 20 percent contributory conduct. Respondent to pay $2,081 reimbursement of lost wages. $1,600 compensation appropriate." |
| Result | Application granted ; Contributory conduct (20%) ; Reimbursement of lost wages $2,081.52 ; Compensation for humiliation etc ($1,600) ; Costs reserved |
| Main Category | Personal Grievance |
| Statutes | ERA s4(1A)(b);ERA s124;ERA s128(2) |
| Cases Cited | Kostic v Dodd unreported, Couch J, 11 July 2007, CC14/07 |
| Number of Pages | 11 |
| PDF File Link: | 2012_NZERA_Christchurch_105.pdf [pdf 139 KB] |